Makeup and Made-Up Protection: Unveiling the Need for Stronger Legal Protections Against Makeup Dupes within the Luxury Beauty Industry

Authors

Crystal Couso

First Page

220

Document Type

Comment

Abstract

To strengthen trademark protections for luxury beauty brands against makeup dupes, this Comment proposes amending the Lanham Act to combat the rise of makeup dupes. Part II provides a brief background on trade dress laws and the elements required to establish a claim under the Lanham Act. Part III highlights the current inadequacies of the current trade dress protections afforded by the Lanham Act, including its failure to account for generic product designs and the irrelevance of consumer confusion in makeup dupe cases. Part IV proposes a novel solution to modify the Lanham Act to accommodate the makeup dupe phenomenon. The solution calls for clarifying and strengthening the guidelines for trade dress protection to provide luxury beauty brands a remedy for the harm caused by makeup dupes. Finally, Part V concludes with a brief overview of how amending the Lanham Act will safeguard luxury beauty brands from the negative impacts of makeup dupe culture.

Recommended Citation

Crystal Couso, Makeup and Made-Up Protection: Unveiling the Need for Stronger Legal Protections Against Makeup Dupes within the Luxury Beauty Industry, 37 St. Thomas L. Rev. 220 (2025).
Available at: https://scholarship.stu.edu/stlr/vol37/iss2/5